BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri. T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc., M.Phil., Male Member
Friday the 09th day of July, 2010
C.C.No 70/09
Between:
C.Venkata Reddy, S/o. C.Rami Reddy,
R/o.H.No. 45/142-9, Plot No.39, Venkataramana Colony, 2nd Road,
Kurnool District-518 001.
…Complainant
VS
The Manager,Bajaj Allianz General Insurance Company Limited,
Alankar Plza, 3rd Floor, Shop No.104 to 106, Kurnool-518 001.
…Opposite Party
This complaint is coming on this day for orders in the presence of Sri. S. Sivaramakrishna Prasad, Advocate, for complainant , and Sri. P. Ramanjaneyulu, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. M. Krishna Reddy , Male Member )
C.C 70/09
1. Alleging the deficiency of service, the complaint was filed Under Section 12 of CP Act 1986 seeking direction against the OP for the payment of claim claimed under different heads.
2. In brief the complainant C.Venkata Reddy is registered owner of Honda Activa STD bearing No. AP 21 J 9198. The complainant submitted that he insured the vehicle with OP covered under the policy vide No G-8-1806-1802-00000434 valid from 21-07-2007 to 20-07-2008. He said that on 24-07-2007 at about 5.00 AM while going to kurnool Bus Stand his vehicle collided with an unknown Auto and sustained extensive damage. He averred that he reported the matter to the OP on phone and handed over the vehicle to Sri Vasavi Motors for repairs. He also submitted that the OP deputed a surveyor to estimate the damage. As the OP did not settle the issue even after 3 months he paid Rs.14,760/- towards repair charges and demanded the OP for repayment. Further the complainant averred that on the instructions of OP, he submitted the original bills along with claim form. Even after the receipt of the claim form, the OP did not settle the claim. Vexed with the behavior of OP, the complainant got issued legal notice to him. As the OP did not respond to the legal notice though he received it, he was compelled to file this complaint in the forum seeking appropriate relief’s.
3. Supporting his claim, the complainant filed documents marked as Ex.A1 to A3 and Sworn affidavit.
4. The OP, Bazaz Allianz General Insurance Co Ltd, Kurnool admitted that the complainant’s Honda Activa STD bike bearing No AP21 J 9198 was insured with him under policy No. G-08-1806-
1802-00000434 valid from 21-07-2007 to 20-07-2008. The OP submitted that allegation of accident on 24-07-2007 and after were not aware of him . The OP averred that he never received a telephone call from the complainant intimating about the alleged accident and denied the appointment of surveyor by him to estimate the damage of the motor cycle . The OP also stated that he was unaware of the complainant handing over the vehicle to Sri Vasavi Motors for repairs and paid Rs.14,760/- for repairs. The OP also submitted that he did not give claim form and asked the complainant to produce original bills along with it. Further the OP alleged that the accident is not genuine and fabricated bills are filed by the complaint to grab unlawful gains. The OP also stated that the complainant not even reported the matter to the police and the story of damage is false. Hence it is prayed for the dismissal of the case on him with cost.
5. To substantiate his case the OP filed written arguments and a document is marked as ExB1.
6. Hence the points for consideration are
1) Whether the complainant has made out any deficiency on the Part of OP sustaining its liability to the complainants claim
2) What is the amount of compensation that can be awarded to him.
7. Points 1 and 2: Having perused the contentions of both the counsel and documents placed on record , it is found that there is no dispute on the points that the complainant insured Honda Activa STD
bearing regd No. AP 21 J 9198 with OP covered under (Ex A1) the policy No G-08-1806-1802-00000434, valid from 21-07-2007 to 20-07-2008 and the complainant is also aware of the terms and conditions of the policy (Ex.B1) . The dispute is on the occurrence of accident of the complainants bike and subsequent claim. The contentions of the complainant, that his motor cycle met with an accident near kurnool bus stand on 24-07-2007 at about 5.00 A.M, reported the matter to OP on phone, OP appointed a surveyor to assess the damage , complainant submitted the claim form with original bills to OP were not supported by any material evidence. The complainant failed to produce the acknowledgement of claim form and original bills submitted to OP. No report of the incident was given in the police station. No evidence that the vehicle if the complainant is damaged in the accident.
8. In view of what is stated above, the forum holds that the complainant failed to prove the deficiency of service on the part of OP. Complainant is not entitled to receive the compensation. Hence the complaint is dismissed with out cost.
9. In the result, the complaint is dismissed without cost.
Dictated to the stenographer, transcribed by her , corrected and pronounced by us in the open bench on this the 09th day of July, 2010.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1 Policy copy bearing NO.G081806180200000434.
Ex.A2. Motor vehicle cover note
Ex.A3. Legal Notice dt.30-9-2008
List of exhibits marked for the opposite parties:
Ex.B1. Bajaj Allianz General Insurance Policy and terms and conditions.
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
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